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IRIS 2015-6:1/3 European Commission: The Digital Single Market Strategy for Europe

On 6 May 2015, the new European Commission published its Digital Single Market Strategy for Europe. Following the pre-election political guidelines of the President of the Commission Jean-Claude Juncker, the Strategy refers to the Digital Single Market - a free movement of goods, persons, services and capital in the online environment - as one of the Commission’s key priorities. The Strategy elaborates on 16 high priority interdependent actions, outlined in the Annex, to be completed by the Commission in 2015-2016. These actions build on three pillars: (1) better access for consumers and businesses...

IRIS 2015-5:1/39 [DE] Calling somebody "du" (the familiar form of address) in advertising for online roll-up games is not a prohibited children's advertising

Not every "du" (the familiar form of address) in an online roll-up game is automatically an anti-competitive advertising. Rather, the average age of the targeted group is important that is to be addressed with the respective advertising within an online game. The District Court of Berlin (Landgericht) found this with a judgment of 21 April 2015 (Az .: 16 O 648/13). The Federation of German Consumer Organisations (vzbv) had filed a complaint. The lawsuit of the consumer protectionists was directed against the operator of an online role playing game. The company had promoted virtual game supplements,...

IRIS 2015-5:1/35 [SK] Promotion of referendum answers do not qualify as political advertising

The Council for Broadcasting and Retransmission (hereinafter “Council”) on 24 February 2015 dismissed a complaint about at story aired in the prime time news programme of the Slovak public service broadcaster. The story covered a meeting of the national committee of the Christian democratic movement “KDH”, a well-established conservative political party in Slovakia. The claimant complained about the fact that at the end of the story the spokeswoman of the political movement invited people to attend the upcoming national referendum and to vote yes to all three questions. Although the Council investigated...

IRIS 2015-5:1/29 [NL] New Dutch Cookie Act comes into effect

On 11 of March 2015, the new Cookie Act came into effect in the Netherlands, amending Article 11.7a of the Dutch Telecommunications act (Telecommunicatiewet) (see IRIS 2014-10/28 and IRIS 2012-7/32). The act governs access to and storage of information on a terminal of an end-user via an electronic communications network. The new Cookie Act has interesting implications for the consent requirement regarding certain types of cookies that can be deemed non-privacy invasive. The previous law already exempted functional cookies, which are technically indispensable in order to provide a requested service...

IRIS 2015-5:1/28 [NL] Dutch Media Authority imposes a EUR 150 000 fine on public service broadcaster

The Dutch Media Authority (Commissariaat voor de Media - CvdM), imposed a EUR 150 000 fine on NTR, an independent Dutch public service broadcaster. Each year, on the evening of 5 December, Dutch families celebrate the birthday of Saint Nicholas (Sinterklaas) with the giving of gifts. And each year, in the weeks before the festive evening, NTR airs a daily fictional news show called “Het Sinterklaasjournaal.” The show is meant for children under the age of twelve. In 2013, the broadcaster also produced and distributed wrapping paper with a Sinterklaas theme. According to the Media Authority, NTR...